§ 38–1802.01. Process for filing charter petitions.

(a)Existing public school. — An eligible applicant seeking to convert a District of Columbia public school into a public charter school:

(1) Shall prepare a petition to establish a public charter school that meets the requirements of § 38-1802.02;

(2) Shall provide a copy of the petition to:

(A) The parents of minor students attending the existing school;

(B) Adult students attending the existing school;

(C) Employees of the existing school;

(D) Parents of minor students who both attend:

(i) The school grade immediately lower than the first school grade which is served by the public school which is the subject of the conversion petition; and

(ii) A school that is located within the attendance zone of the public school which is the subject of the conversion petition.

(E) Each Advisory Neighborhood Commission which represents an area within the attendance area of the public school which is the subject of the conversion petition; and

(3) Shall file the petition with an eligible chartering authority for approval after the petition:

(A) Is signed by two-thirds of the sum of:

(i) The total number of parents of minor students attending the school; and

(ii) The total number of adult students attending the school; and

(B) Is endorsed by at least two-thirds of full-time teachers employed in the school.

(b)Private or independent school. — An eligible applicant seeking to convert an existing private or independent school in the District of Columbia into a public charter school:

(1) Shall prepare a petition to establish a public charter school that is approved by the Board of Trustees or authority responsible for the school and that meets the requirements of § 38-1802.02;

(2) Shall provide a copy of the petition to:

(A) The parents of minor students attending the existing school;

(B) Adult students attending the existing school; and

(C) Employees of the existing school; and

(3) Shall file the petition with an eligible chartering authority for approval after the petition:

(A) Is signed by two-thirds of the sum of:

(i) The total number of parents of minor students attending the school; and

(ii) The total number of adult students attending the school; and

(B) Is endorsed by at least two-thirds of full-time teachers employed in the school.

(c)New school. — An eligible applicant seeking to establish in the District of Columbia a public charter school, but not seeking to convert a District of Columbia public school or a private or independent school into a public charter school, shall file with an eligible chartering authority for approval a petition to establish a public charter school that meets the requirements of § 38-1802.02.

(c-1)Jointly operated school. — The Public Charter School Board shall have the authority to approve one joint program for applicants seeking to establish a jointly operated school where 2 or more public charter schools that have adopted, for the combined program, identical mission statements, goals, curricula and educational philosophy (“member schools”) may combine to create a jointly operated middle and high school. Notwithstanding any other law, the jointly operated school shall have the same duties, powers and responsibilities of a public charter school, shall be funded as if a public charter school, and shall be treated as a single local educational agency under federal and local law. Students matriculating directly from the highest grade of a member school into the entry grade of the jointly operated school shall be exempt from the requirements of § 38-1802.06(c).

(d)Limitations on filing. —

(1)Multiple chartering authorities. — An eligible applicant may not file the same petition to establish a public charter school with more than one eligible chartering authority during a calendar year.

(2)Multiple petitions. — An eligible applicant may not file more than one petition to establish a public charter school during a calendar year.

(e)Petition for public charter school is public. — A petition to establish a public charter school in the District of Columbia, or to convert a District of Columbia public school or an existing private or independent school, is a public document.

(f)Existing public charter schools. — A public charter school that existed prior to June 12, 2007, and that was chartered by the District of Columbia Board of Education pursuant to Chapter 17 of this title [§ 38-1701.01 et seq.] [repealed], shall not be required to file a petition with the Public Charter School Board; it shall be considered approved and chartered for the purposes of this chapter and shall be subject to the powers and duties granted to the Public Charter School Board as an eligible chartering authority pursuant to §§ 38-1802.11, 38-1802.12, and 38-1802.13.

Effective Dates

Section 103(b) of Div. J, title I, of Pub. L. 108-447, provided: “The amendments made by this section shall take effect as if included in the enactment of the District of Columbia Appropriations Act, 2005 Pub. L. 108-335 ”.

Editor's Notes

The amendment of subsecs. (a)(3)(B) and (b)(3)(B) by Pub. L. 108-335, § 342(a), was deleted by Pub. L. 108-447, Div. J, title I, § 103(a)(3), and did not take effect. See Effective Dates note.

§ 38–1802.02. Contents of petition.

A petition under § 38-1802.01 to establish a public charter school shall include the following:

(1) A statement defining the mission and goals of the proposed school and the manner in which the school will conduct any districtwide assessments;

(2) A statement of the need for the proposed school in the geographic area of the school site;

(3) A description of the proposed instructional goals and methods for the proposed school, which shall include, at a minimum:

(A) The area of focus of the proposed school, such as mathematics, science, or the arts, if the school will have such a focus;

(B) The methods that will be used, including classroom technology, to provide students with the knowledge, proficiency, and skills needed:

(i) To become nationally and internationally competitive students and educated individuals in the 21st century; and

(ii) To perform competitively on any districtwide assessments; and

(C) The methods that will be used to improve student self-motivation, classroom instruction, and learning for all students;

(4) A description of the scope and size of the proposed school’s program that will enable students to successfully achieve the goals established by the school, including the grade levels to be served by the school and the projected and maximum enrollment of each grade level;

(5) A description of the plan for evaluating student academic achievement at the proposed school and the procedures for remedial action that will be used by the school when the academic achievement of a student falls below the expectations of the school;

(6) An operating budget for the first 2 years of the proposed school that is based on anticipated enrollment and contains:

(A) A description of the method for conducting annual audits of the financial, administrative, and programmatic operations of the school;

(B) Either:

(i) An identification of the site where the school will be located, including a description of any buildings on the site and any buildings proposed to be constructed on the site; or

(I) An identification of a facility for the school, including a description of the site where the school will be located, any buildings on the site, and any buildings proposed to be constructed on the site; and

(II) Information demonstrating that the eligible applicant has acquired title to, or otherwise secured the use of, the facility; or

(ii) A timetable by which an identification described in subsubparagraph (i)(I) of this subparagraph will be made, and the information described in sub-sub-paragraph (i)(II) of this subparagraph will be submitted, to the eligible chartering authority;

(C) A description of any major contracts planned, with a value equal to or exceeding $10,000, for equipment and services, leases, improvements, purchases of real property, or insurance; and

(D) A timetable for commencing operations as a public charter school;

(7) A description of the proposed rules and policies for governance and operation of the proposed school;

(8) Copies of the proposed articles of incorporation and bylaws of the proposed school, which shall include provisions governing the distribution of the corporation’s assets upon dissolution that comply with the requirements of § 38-1802.13a;

(9) The names and addresses of the members of the proposed Board of Trustees and the procedures for selecting trustees;

(10) A description of the student enrollment, admission, suspension, expulsion, and other disciplinary policies and procedures of the proposed school, and the criteria for making decisions in such areas;

(11) A description of the procedures the proposed school plans to follow to ensure the health and safety of students, employees, and guests of the school and to comply with applicable health and safety laws, and all applicable civil rights statutes and regulations of the Federal Government and the District of Columbia;

(12) An explanation of the qualifications that will be required of employees of the proposed school;

(13) An identification, and a description, of the individuals and entities submitting the petition, including their names and addresses, and the names of the organizations or corporations of which such individuals are directors or officers;

(14) A description of how parents, teachers, and other members of the community have been involved in the design and will continue to be involved in the implementation of the proposed school;

(15) A description of how parents and teachers will be provided an orientation and other training to ensure their effective participation in the operation of the public charter school;

(16) An assurance the proposed school will seek, obtain, and maintain accreditation from at least one of the following:

(A) The Middle States Association of Colleges and Schools;

(B) The Association of Independent Maryland Schools;

(C) The Southern Association of Colleges and Schools;

(D) The Virginia Association of Independent Schools;

(E) American Montessori Internationale;

(F) The American Montessori Society;

(G) The National Academy of Early Childhood Programs; or

(H) Any other accrediting body deemed appropriate by the eligible chartering authority that granted the charter to the school; and

(17) Repealed;

(18) An explanation of the relationship that will exist between the public charter school and the school’s employees.

Prior Codifications

Section References

Effect of Amendments

Section 120 (c)(2)(A) of Public Law 106-522 deleted provisions contained in par. (17) which formerly provided: “(17) In the case that the proposed school’s educational program includes preschool or prekindergarten, an assurance the proposed school will be licensed as a child development center by the District of Columbia Government not later than the first date on which such program commences;”.

D.C. Law 16-268, in par. (8), inserted “which shall include provisions governing the distribution of the corporation’s assets upon dissolution that comply with the requirements of § 38-1802.13a” following “and bylaws of the proposed school”.

The 2015 amendment by D.C. Law 20-196 added “and” in (16)(H); substituted a closing period for a semicolon and “and” in (18); and repealed (19).

§ 38–1802.03. Process for approving or denying public charter school petitions.

(a)Schedule. — An eligible chartering authority shall establish a schedule for receiving petitions to establish a public charter school and shall publish any such schedule in the District of Columbia Register and newspapers of general circulation.

(b)Public hearing. — Not later than 45 days after a petition to establish a public charter school is filed with an eligible chartering authority, the eligible chartering authority shall hold a public hearing on the petition to gather the information that is necessary for the eligible chartering authority to make the decision to approve or deny the petition.

(c)Notice. — Not later than 10 days prior to the scheduled date of a public hearing on a petition to establish a public charter school, an eligible chartering authority:

(1) Shall publish a notice of the hearing in the District of Columbia Register and newspapers of general circulation;

(2) Shall send a written notification of the hearing date to the eligible applicant who filed the petition;

(3) Shall send written notification of the hearing date to the Advisory Neighborhood Commission in the area in which the school is located; and

(4) Shall send written notification of the hearing date to the following parties when the petition is to convert an existing public school into a public charter school:

(A) Parents of minor students attending the public school which is the subject of the conversion petition;

(B) Adult students attending the public school which is the subject of the conversion petition;

(C) Employees of the public school which is the subject of the conversion petition; and

(D) Parents of minor students who both attend:

(i) The school grade immediately lower than the first school grade which is served by the public school which is the subject of the conversion petition; and

(ii) A school that is located within the attendance zone of the public school which is the subject of the conversion petition.

(d)Approval. —

(1)In general. — Subject to subsection (i) of this section and paragraph (2) of this subsection an eligible chartering authority shall approve a petition to establish a public charter school, if:

(A) The eligible chartering authority determines that the petition satisfies the requirements of this subchapter;

(B) The eligible applicant who filed the petition agrees to satisfy any condition or requirement, consistent with this subchapter and other applicable law, that is set forth in writing by the eligible chartering authority as an amendment to the petition;

(C) The eligible chartering authority determines that the public charter school has the ability to meet the educational objectives outlined in the petition; and

(D) The approval will not cause the eligible chartering authority to exceed a limit under subsection (i) of this section.

(2)Conditional approval. —

(A)In general. — In the case of a petition that does not contain the identification and information required under § 38-1802.02(6)(B)(i), but does contain the timetable required under § 38-1802.02(6)(B)(ii), an eligible chartering authority may only approve the petition on a conditional basis, subject to the eligible applicant’s submitting the identification and information described in § 38-1802.02(6)(B)(i) in accordance with such timetable, or any other timetable specified in writing by the eligible chartering authority in an amendment to the petition.

(B)Effect of conditional approval. — For purposes of subsections (e), (h), (i), and (j) of this section, a petition conditionally approved under this paragraph shall be treated the same as a petition approved under paragraph (1) of this subsection except that on the date that such a conditionally approved petition ceases to be conditionally approved because the eligible applicant has not timely submitted the identification and information described in § 38-1802.02(6)(B)(i), the approval of the petition shall cease to be counted for purposes of subsection (i) of this section.

(e)Timetable. — An eligible chartering authority shall approve or deny a petition to establish a public charter school not later than 45 days after the conclusion of the public hearing on the petition.

(f)Extension. — An eligible chartering authority and an eligible applicant may agree to extend the 45-day time period referred to in subsection (e) of this section by a period that shall not exceed 30 days.

(g)Denial explanation. — If an eligible chartering authority denies a petition or finds the petition to be incomplete, the eligible chartering authority shall specify in writing the reasons for its decision and indicate, when the eligible chartering authority determines appropriate, how the eligible applicant who filed the petition may revise the petition to satisfy the requirements for approval.

(h)Approved petition. —

(1)Notice. — Not later than 10 days after an eligible chartering authority approves a petition to establish a public charter school, the eligible chartering authority shall provide a written notice of the approval, including a copy of the approved petition and any conditions or requirements agreed to under subsection (d) of this section, to the eligible applicant and to the Chief Financial Officer of the District of Columbia. The eligible chartering authority shall publish a notice of the approval of the petition in the District of Columbia Register and newspapers of general circulation.

(2)Charter. — The provisions described in paragraphs (1), (7), (8), (11), (16), and (18) of § 38-1802.02 of a petition to establish a public charter school that are approved by an eligible chartering authority, together with any amendments to such provisions in the petition containing conditions or requirements agreed to by the eligible applicant under subsection (d) of this section, shall be considered a charter granted to the school by the eligible chartering authority.

(i)Number of petitions. —

(1)First year. — During calendar year 1996, not more than 10 petitions to establish public charter schools may be approved under this subchapter.

(2)Subsequent years. —

(A)In general. —

(i)Annual limit. — Subject to subparagraph (B) of this paragraph and sub-subparagraph (ii) of this subparagraph, during calendar year 1997, and during each subsequent calendar year, each eligible chartering authority shall not approve more than 10 petitions to establish a public charter school under this subchapter.

(ii)Timetable. — Any petition approved under sub-subparagraph (i) of this subparagraph shall be approved during an application approval period that terminates on April 1 of each year. Such an approval period may commence before or after January 1 of the calendar year in which it terminates, except that any petition approved at any time during such an approval period shall count, for purposes of sub-subparagraph (i) of this subparagraph, against the total number of petitions approved during the calendar year in which the approval period terminates.

(B)Exception. — If, by April 1 of any calendar year after 1996, an eligible chartering authority has approved fewer than 10 petitions during such calendar year, any other eligible chartering authority may approve more than 10 petitions during such calendar year, but only if:

(i) The eligible chartering authority completes the approval of any such additional petition before June 1 of the year; and

(ii) The approval of any such additional petition will not cause the total number of petitions approved by all eligible chartering authorities during the calendar year to exceed 20.

(j)Authority of eligible chartering authority. —

(1)In general. — Except as provided in paragraph (2) of this subsection, and except for officers or employees of the eligible chartering authority with which a petition to establish a public charter school is filed, no governmental entity, elected official, or employee of the District of Columbia shall make, participate in making, or intervene in the making of, the decision to approve or deny such a petition.

(2)Availability of review. — A decision by an eligible chartering authority to deny a petition to establish a public charter school shall be subject to judicial review by an appropriate court of the District of Columbia or by the Office of the State Superintendent of Education. In the case of review by the Office of the State Superintendent of Education, the Office of the State Superintendent of Education shall issue procedures for the submission and review of appeals.

Effect of Amendments

D.C. Law 17-9, in subsec. (j)(2), substituted “.of Columbia or by the Office of the State Superintendent of Education. In the case of review by the Office of the State Superintendent of Education, the Office of the State Superintendent of Education shall issue procedures for the submission and review of appeals.” for “of Columbia.”

Cross References

Disposition of certain school property, preference for public charter school, see § 47-392.25.

(7) To be responsible for the public charter school’s operation, including preparation of a budget and personnel matters; and

(8) To sue and be sued in the public charter school’s own name.

(b-1)Limitation on powers. — Each power conferred upon a public charter school under subsection (b) of this section can only be used for the sole purpose of operating the public charter school.

(c)Prohibitions and other requirements. —

(1)Contracting authority. —

(A)Notice requirement for procurement contracts. —

(i)In general. — Except in the case of an emergency (as determined by the eligible chartering authority of a public charter school), with respect to any procurement contract proposed to be awarded by the public charter school and having a value equal to or exceeding $25,000, the school shall publish a notice of a request for proposals in the District of Columbia Register and newspapers of general circulation not less than 7 days prior to the award of the contract.

(ii)Exception for certain contracts. — The notice requirement of sub-subparagraph (i) of this subparagraph shall not apply with respect to any contract for the lease or purchase of real property by a public charter school, any employment contract for a staff member of a public charter school, or any management contract entered into by a public charter school and the management company designated in its charter or its petition for a revised charter.

(B)Submission to the eligible chartering authority. —

(i)Deadline for submission. — With respect to any contract described in subparagraph (A) of this paragraph that is awarded by a public charter school, the school shall submit to the eligible chartering authority, not later than 3 days after the date on which the award is made, all bids for the contract received by the school, the name of the contractor who is awarded the contract, and the rationale for the award of the contract.

(ii)Effective date of contract. — A contract described in subparagraph (A) of this paragraph shall become effective on the date that is 10 days after the date the school makes the submission under sub-subparagraph (i) of this subparagraph with respect to the contract, or the effective date specified in the contract, whichever is later.

(1A)Conflicting interest transactions for public charter schools.—

(A)In general.— As of October 8, 2016, and notwithstanding any other provision of law, a contract or transaction between a public charter school and any of the following shall constitute a conflict of interest:

(i) An individual who is a founder of the public charter school, or who is a current or former trustee, director, member, member of a designated body, officer, or key leader of the public charter school;

(ii) A family member of any of the individuals identified in sub-subparagraph (i) of this subparagraph;

(iii) An entity identified as submitting a petition to establish the public charter school pursuant to § 38-1802.02(13);

(iv) An entity in which an individual identified in sub-subparagraph (i) of this subparagraph serves as a member of the board of directors or has a financial interest; or

(v) An entity in which a family member of an individual identified in sub-subparagraph (i) of this subparagraph serves as a member of the board of directors or has a financial interest.

(B)Voidability.— A contract or transaction described in subparagraph (A) of this paragraph shall be void or voidable unless the following conditions are satisfied:

(i) The material facts as to the conflicting relationship or interest and as to the contract or transaction are known or disclosed to the Board of Trustees before the meeting at which the contract or transaction is authorized;

(ii) The Board of Trustees authorizes the contract or transaction in good faith by an affirmative vote of a majority of disinterested trustees; and

(iii) The contract or transaction is fair to the public charter school as of the time it is authorized.

(C)Quorum at meetings to authorize conflicting interest transactions.— Common or interested trustees may be counted in determining the presence of a quorum at a meeting of the trustees at which a contract or transaction described in subparagraph (A) of this paragraph is authorized.

(D)Record of vote on conflicting interest transactions.— The minutes of the meeting at which a conflicting interest contract or transaction is authorized shall reflect:

(i) The material facts as to the conflicting relationship or interest and as to the contract or transaction; and

(ii) The identity and vote of each disinterested trustee who voted.

(E)Reporting of conflicting interest transactions.— The Board of Trustees shall report any conflicting interest contract or transaction it authorizes to the Public Charter School Board within 3 days of authorization.

(F)Fiscal mismanagement. — An eligible chartering authority may consider a public charter school's failure to comply with this paragraph to be fiscal mismanagement.

(G)Definitions.— For the purposes of this paragraph, the term:

(i) "Family member" means an individual who is legally or biologically related to another individual, or an individual who is legally or biologically related to the spouse or domestic partner of another individual.

(ii) "Founder" means an individual identified in a petition to establish a public charter school pursuant to § 38-1802.02(13).

(iii) "Key leader" means an individual holding any administrative, financial, operations, legal, or executive position at a public charter school as identified in the public charter school's charter agreement.

(iv) "Designated body", "Director", "Member", and "Officer" shall have the same meanings as provided in § 29-401.02(8), (9), (24), and (29), respectively.

(2)Tuition, fees, and payments. —

(A)Prohibition. — A public charter school may not, with respect to any student other than a nonresident student, charge tuition, impose fees, or otherwise require payment for participation in any program, educational offering, or activity that:

(i) Enrolls students in any grade from kindergarten through grade 12; or

(ii) Is funded in whole or part through an annual local appropriation.

(B)Exception. — A public charter school may impose fees or otherwise require payment, at rates established by the Board of Trustees of the school, for any program, educational offering, or activity not described in subsubparagraph (i) or (ii) of subparagraph (A), including adult education programs, or for field trips or similar activities.

(3)Control. — A public charter school:

(A) Shall exercise exclusive control over its expenditures, administration, personnel, and instructional methods, within the limitations imposed in this subchapter; and

(B) Shall be exempt from District of Columbia statutes, policies, rules, and regulations established for the District of Columbia public schools by the Superintendent, Board of Education, Mayor, District of Columbia Council, or Authority, except as otherwise provided in the school’s charter or this subchapter.

(4)Health and safety. —

(A) A public charter school shall maintain the health and safety of all students attending such school.

(B) A public charter school shall submit, before September 16 of each year, a report to the chartering authority and, in a control year to the Authority a report that documents that the charter school’s facilities comply with the applicable health and safety laws and regulations of the federal government and the District of Columbia, including the District of Columbia Fire Prevention Code and § 38-825.01a. The report shall be open to public inspection and available upon request. A public charter school shall, within 10 business days of submitting the report, publish the report on the public charter school's website or on the website of the public charter school's local education agency, and transmit the report to DGS for publication on DGS's website.

(6)Governance. — A public charter school shall be governed by a Board of Trustees in a manner consistent with the charter granted to the school and the provisions of this subchapter.

(7)Other staff. — No employee of the District of Columbia public schools may be required to accept employment with, or be assigned to, a public charter school.

(8)Other students. — No student enrolled in a District of Columbia public school, may be required to attend a public charter school; provided, that this paragraph shall not apply to students with special needs.

(9)Taxes or bonds. — A public charter school shall not levy taxes or issue bonds.

(10)Charter revision. — A public charter school seeking to revise its charter shall prepare a petition for approval of the revision and file the petition with the eligible chartering authority that granted the charter. The provisions of § 38-1802.03 shall apply to such a petition in the same manner as such provisions apply to a petition to establish a public charter school.

(11)Annual report. —

(A)In general. — A public charter school shall submit an annual report to the eligible chartering authority that approved its charter. The school shall permit a member of the public to review any such report upon request.

(B)Contents. — A report submitted under subparagraph (A) of this paragraph shall include the following data:

(i) A report on the extent to which the school is meeting its mission and goals as stated in the petition for the charter school;

(ii) Student performance on any districtwide assessments;

(iii) Grade advancement for students enrolled in the public charter school;

(iv) Graduation rates, college admission test scores, and college admission rates, if applicable;

(v) Types and amounts of parental involvement;

(vi) Official student enrollment;

(vii) Average daily attendance;

(viii) Average daily membership;

(ix) For the fiscal year 2005 annual financial audit and subsequent fiscal year annual financial audits, a financial statement audited by an independent certified public accountant or accounting firm, who, notwithstanding any other provision of this chapter, shall be selected from an approved list developed by a committee of 2 representatives each from the District of Columbia Public Charter School Board, the District of Columbia Board of Education Charter School Board, and the District of Columbia Chief Financial Officer, in accordance with Government auditing standards for financial audits issued by the Comptroller General of the United States, pursuant to the April 8, 2005 memorandum of understanding between the District of Columbia Chartering Authorities and the District of Columbia Chief Financial Officer, as amended;

(x) A report on school staff indicating the qualifications and responsibilities of such staff; and

(xi) A list of all donors and grantors that have contributed monetary or in-kind donations having a value equal to or exceeding $500 during the year that is the subject of the report.

(C)Nonidentifying data. — Data described in sub-subparagraphs (i) through (ix) of subparagraph (B) of this paragraph that are included in an annual report shall not identify the individuals to whom the data pertain.

(12)Census. — A public charter school shall provide to the Board of Education student enrollment data necessary for the Board of Education to comply with § 38-204.

(14)Program of education. — A public charter school shall provide a program of education which shall include one or more of the following:

(A) Preschool;

(B) Prekindergarten;

(C) Any grade or grades from kindergarten through grade 12;

(D) Residential education; or

(E) Adult, community, continuing, and vocational education programs.

(15)Nonsectarian nature of schools. — A public charter school shall be nonsectarian and shall not be affiliated with a sectarian school or religious institution.

(16)Nonprofit status of school. — A public charter school shall be organized under Chapter 4 of Title 29 and its sole purpose shall be the operation of the public charter school.

(17)Immunity from civil liability. —

(A)In general. — A public charter school, and its incorporators, Board of Trustees, officers, employees, and volunteers, shall be immune from civil liability, both personally and professionally, for any act or omission within the scope of their official duties unless the act or omission:

(i) Constitutes gross negligence;

(ii) Constitutes an intentional tort; or

(iii) Is criminal in nature.

(B)Common law immunity preserved. — Subparagraph (A) of this paragraph shall not be construed to abrogate any immunity under common law of a person described in such subparagraph.

(18)Licensing as child development center. — A public charter school which offers a preschool or prekindergarten program shall be subject to the same child care licensing requirements (if any) which apply to a District of Columbia public school which offers such a program.

(19)Participation in education data warehouse. — A public charter school shall participate in the longitudinal education data warehouse system established by the Office of the State Superintendent of Education and shall provide data to the OSSE upon request.

(20)Cooperation with the Office of Ombudsman for Public Education. — A public charter school shall cooperate with the Office of Ombudsman for Public Education and shall comply with the disclosure protections of Chapter 3A of this title [§ 38-351 et seq.].

(21)Distribution of funds. — Funds that have not been provided for in an approved financial plan shall not be distributed to any public charter school.

(22)School management contracts.— A public charter school may procure the services of a school management organization; provided, that it complies with subparagraphs (A) and (B) of this paragraph.

(A) A public charter school shall submit a proposed agreement containing the provision described in subparagraph (B) of this paragraph in a petition to establish a public charter school, a petition to revise its charter, or an application to renew its charter to the eligible chartering authority for review, and it shall submit the executed agreement to the eligible chartering authority within 30 days of receiving approval of its petition or application.

(B)(i) Any executed agreement for services between a public charter school and a school management organization shall include a provision whereby the school management organization agrees, under the following circumstances, to provide to the public charter school for production to the eligible chartering authority books, records, papers, and documents related to services the school management organization provided or has agreed to provide to the public charter school:

(I) The public charter school requests such records from the school management organization; and either

(II) The annual fee the public charter school agrees to pay to the school management organization or any of its related entities, as defined by section 201(h)(4)(B)-(C) of the Economic Recovery Tax Act of 1981, approved August 13, 1981 (95 Stat. 218; 26 U.S.C. § 168(h)(4)(B)-(C)), is equal to or exceeds 20% of the school's annual revenue; or

(III) The annual revenue the school management organization expects to derive from District public charter schools will exceed 25% of the school management organization's projected total annual revenue.

(ii) The school management organization shall have the burden of producing records to demonstrate that it does not expect the revenue it derives from District public charter schools to exceed 25% of its projected total annual revenue.

(C)Fiscal mismanagement. — An eligible chartering authority may consider a public charter school's failure to comply with subparagraphs (A) or (B) of this paragraph as fiscal mismanagement; provided, that an eligible chartering authority shall not consider a public charter school to be out of compliance with this paragraph if the public charter school has submitted a petition or application that complies with subparagraph (A) of this paragraph within 180 days of October 8, 2016.

Prior Codifications

Section References

Effect of Amendments

Section 120 (a) of Public Law 106-522 substituted for “authority” the words “eligible chartering authority” in the heading to subsec. (c)(1)(B) and cl. (i) thereunder; and rewrote subsec. (c)(1)(A) and (c)(1)(B)(ii).

Short Title

Short title: Section 4022 of D.C. Law 17-219 provided that subtitle K of title IV of the act may be cited as the “Public Charter School Board Fiscal Responsibility Amendment Act of 2008”.

Editor's Notes

Section 133 of Pub. L. 109-115, Nov. 30, 2005, 119 Stat. 2522, provided: “Section 4013 of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Amendment Act of 2005, passed on first reading on May 10, 2005 (engrossed version of Bill 16-200) D.C. Law 16-33, § 4013, is hereby enacted into law.”

§ 38–1802.05. Board of Trustees of a public charter school.

(a)Board of Trustees. — The members of a Board of Trustees of a public charter school shall be elected or selected pursuant to the charter granted to the school. Such Board of Trustees shall have an odd number of members that does not exceed 15, of which:

(1) A majority shall be residents of the District of Columbia; and

(2) At least 2 shall be parents of a student attending the school.

(b)Eligibility. — An individual is eligible for election or selection to the Board of Trustees of a public charter school if the person:

(1) Is a teacher or staff member who is employed at the school;

(2) Is a parent of a student attending the school; or

(3) Meets the election or selection criteria set forth in the charter granted to the school.

(c)Election or selection of parents. — In the case of the first Board of Trustees of a public charter school to be elected or selected after the date on which the school is granted a charter, the election or selection of the members under subsection (a)(2) of this section shall occur on the earliest practicable date after classes at the school have commenced. Until such date, any other members who have been elected or selected shall serve as an interim Board of Trustees. Such an interim Board of Trustees may exercise all of the powers, and shall be subject to all of the duties, of a Board of Trustees.

(d)Fiduciaries. — The Board of Trustees of a public charter school shall be fiduciaries of the school and shall set overall policy for the school. The Board of Trustees may make final decisions on matters related to the operation of the school, consistent with the charter granted to the school, this subchapter, and other applicable law.

Prior Codifications

1981 Ed., § 31-2853.15.

§ 38–1802.06. Student admission, enrollment, and withdrawal.

(a)Open enrollment. — Enrollment in a public charter school shall be open to all students who are residents of the District of Columbia and, if space is available, to nonresident students who meet the tuition requirement in subsection (e) of this section.

(b)Criteria for admission. — A public charter school may not limit enrollment on the basis of a student’s race, color, religion, national origin, language spoken, intellectual or athletic ability, measures of achievement or aptitude, or status as a student with special needs. A public charter school may limit enrollment to specific grade levels.

(c)Random selection. — If there are more applications to enroll in a public charter school from students who are residents of the District of Columbia than there are spaces available, students shall be admitted using a random selection process; except, that a preference in admission may be given to an applicant who is a:

(1) Sibling of a student already attending or selected for admission to the public charter school in which the applicant is seeking enrollment;

(2) Child of a member of the public charter school’s founding board; provided, that enrollment of such children is limited to no more than 10% of the school’s total enrollment or to 20 students, whichever is less; and

(3) Child of a full-time employee of the public charter school who is a District resident; provided, that enrollment of such children is limited to no more than 10% of the school’s total enrollment.

(c-1)Random selection special education. —

(1) If there are more applications to enroll in a public charter school from students who are residents of the District of Columbia than there are spaces available, students shall be admitted in accordance with subsection (c) of this section; provided, that with the prior approval of the Public Charter School Board, a preference in admission may also be given to an applicant with an IEP or an applicant in a disability category pursuant to IDEA, in order to facilitate the planning, development, and maintenance of high quality special education programs in the District of Columbia.

(2) A public charter school seeking to establish a preference for admission under this subsection shall apply to the Public Charter School Board no later than July 1 of the year before the proposed effective date of the lottery preference.

(3) In reviewing an application by a public charter school to establish a preference for admission under this subsection, the Public Charter School Board shall ensure that the proposed preference will increase educational opportunities for, and not adversely impact, students with disabilities.

(4) In approving an application by a public charter school to establish a preference for admission under this subsection, the Public Charter School Board shall make publicly available a written document that specifies the preference established and the reasons for granting the preference.

(c-2) Authorization of a preference for children of active duty members of the United States Armed Forces. —

(1) The Public Charter School Board ("PCSB") shall have the authority to approve a petition or application for a public charter school that gives a preference for admission to children of active duty members of the United States Armed Forces; provided, that PCSB may not permit more than one public charter school with such a preference to operate at the same time.

(2) A public charter school seeking to establish a preference for admission under this subsection shall:

(A) Request the preference for admission in a petition for approval filed pursuant to § 38-1802.01, an application for renewal filed pursuant to § 38-1802.12, or in a manner otherwise provided by PCSB; and

(B) Be located in the same ward as a United States military base.

(3) In reviewing an application submitted pursuant to paragraph (2) of this subsection, PCSB shall consider whether granting the preference provided under this subsection is consistent with the mission, goals, and instructional methods of the petitioner or applicant and the need for the proposed school in the geographic area of the school site.

(4) A preference approved under this subsection shall apply to no more than half of the public charter school’s seats.

(5) This subsection shall not limit the ability of a school that establishes a preference for admission under this subsection to participate in a common lottery system established pursuant to § 38-194.

(d)Admission to an existing school. —

(1) A District of Columbia public school that has been approved to be converted to a charter school under § 38-1802.01 shall give priority in enrollment to:

(A) Students enrolled in the school at the time the petition is granted;

(B) The siblings of students described in subparagraph (A) of this paragraph; and

(C) Students who reside within the attendance boundaries, if any, in which the school is located.

(2) A private or independent school that has been approved to be converted to a charter school under § 38-1802.01 may give priority in enrollment to the persons described in paragraph (1)(A) and (1)(B) of this subsection for a period of 5 years, beginning on the date its petition is approved.

(e)Nonresident students. — Nonresident students shall pay tuition to attend a public charter school at the applicable rate established for District of Columbia public schools administered by the Board of Education for the type of program in which the student is enrolled.

(f)Student withdrawal. — A student may withdraw from a public charter school at any time and, if otherwise eligible, enroll in a District of Columbia public school administered by the Board of Education.

(2) The principal of a public charter school may expel or suspend a student from the school based on criteria set forth in the charter granted to the school, consistent with §§ 38-236.04, 38-236.05, and 38-273.03.

Prior Codifications

Section References

Effect of Amendments

Section 156 of Public Law 106-113 added at the end of subsec. (c) “, except that a preference in admission may be given to an applicant who is a sibling of a student already attending or selected for admission to the public charter school in which the applicant is seeking enrollment.”

D.C. Law 16-268, in subsec. (c), inserted “or to an applicant who is a child of a member of the public charter school’s founding board, so long as enrollment of founders’ children is limited to no more than 10% of the school’s total enrollment or to 20 students, whichever is less” following “in which the applicant is seeking enrollment”.

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of the Public Charter School Priority Enrollment Temporary Amendment Act of 2015 (D.C. Law 21-3, June 4, 2015, 62 DCR 4556).

§ 38–1802.07. Employees.

(a)Extended leave of absence without pay. —

(1)Leave of absence from District of Columbia public schools. — The Superintendent shall grant, upon request, an extended leave of absence, without pay, to an employee of the District of Columbia public schools for the purpose of permitting the employee to accept a position at a public charter school for a 2-year term.

(2)Request for extension. — At the end of a 2-year term referred to in paragraph (1) of this subsection, an employee granted an extended leave of absence without pay under such paragraph may submit a request to the Superintendent for an extension of the leave of absence for an unlimited number of 2-year terms. The Superintendent may not unreasonably (as determined by the eligible chartering authority) withhold approval of the request.

(3)Rights upon termination of leave. — An employee granted an extended leave of absence without pay for the purpose described in paragraph (1) or (2) of this subsection shall have the same rights and benefits under law upon termination of such leave of absence as an employee of the District of Columbia public schools who is granted an extended leave of absence without pay for any other purpose.

(b)Retirement System. —

(1)Creditable service. — An employee of a public charter school who has received a leave of absence under subsection (a) of this section shall receive creditable service, as defined in § 1-626.04 and the rules established under such section, for the period of the employee’s employment at the public charter school.

(2)Authority to establish separate system. — A public charter school may establish a retirement system for employees under its authority.

(3)Election of retirement system. — A former employee of the District of Columbia public schools who becomes an employee of a public charter school within 60 days after the date the employee’s employment with the District of Columbia public schools is terminated may, at the time the employee commences employment with the public charter school, elect:

(A) To remain in a District of Columbia Government retirement system and continue to receive creditable service for the period of their employment at a public charter school; or

(B) To transfer into a retirement system established by the public charter school pursuant to paragraph (2) of this subsection.

(4)Prohibited employment conditions. — No public charter school may require a former employee of the District of Columbia public schools to transfer to the public charter school’s retirement system as a condition of employment.

(5)Contributions. —

(A)Employees electing not to transfer. — In the case of a former employee of the District of Columbia public school who elects to remain in a District of Columbia Government retirement system pursuant to paragraph (3)(A) of this subsection the public charter school that employs the person shall make the same contribution to such system on behalf of the person as the District of Columbia would have been required to make if the person had continued to be an employee of the District of Columbia public schools.

(B)Employees electing to transfer. — In the case of a former employee of the District of Columbia public schools who elects to transfer into a retirement system of a public charter school pursuant to paragraph (3)(B) of this subsection, the applicable District of Columbia Government retirement system from which the former employee is transferring shall compute the employee’s contribution to that system and transfer this amount, to the retirement system of the public charter school.

(c)Employment status. — Notwithstanding any other provision of law and except as provided in this section, an employee of a public charter school shall not be considered to be an employee of the District of Columbia Government for any purpose.

(d) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualified District resident applicant shall receive an additional 10-point preference over a qualified non-District resident applicant for all positions within a public charter school unless the applicant declines the preference. This 10-point preference shall be in addition to, and not instead of, qualifications established for the position. All persons hired after February 6, 2008, shall submit 8 proofs of residency upon employment in the manner determined by the Board. An applicant claiming the hiring preference under this section shall agree in writing to maintain bona fide District residency for a period of 7 consecutive years from the effective date of hire and shall provide proof of such residency annually to the director of personnel of the public charter school for the first 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. The public charter school shall submit to the Board annual reports detailing the names of all new employees and their pay schedules, titles, and place of resident.

Prior Codifications

Effect of Amendments

Effective Dates

Section 103(b) of Div. J, title I, of Pub. L. 108-447, provided: “The amendments made by this section shall take effect as if included in the enactment of the District of Columbia Appropriations Act, 2005 [Pub. L. 108-335]”.

Editor's Notes

The addition of subsec. (e) by Pub. L. 108-335, § 342(b), was deleted by Pub. L. 108-447, Div. J, title I, § 103(a)(3), and did not take effect. See Effective Dates note.

§ 38–1802.08. Reduced fares for public transportation.

A student attending a public charter school shall be eligible for reduced fares on the Metrobus and Metrorail Transit System on the same terms and conditions as are applicable under subchapter II of Chapter 2 of Title 35, to a student attending a District of Columbia public school.

Prior Codifications

1981 Ed., § 31-2853.18.

§ 38–1802.09. District of Columbia public school services to public charter schools.

(a)In general. — The Office of Public Education Facilities Modernization may provide services, such as facilities maintenance, to public charter schools. All compensation for costs of such services shall be subject to negotiation and mutual agreement between a public charter school and the Office of Public Education Facilities Modernization.

(b)Preference in leasing or purchasing public school facilities. —

(1)Current and former public school properties. —

(A)In general. —

(i) Notwithstanding any other provision of law, regulation, or order, the Mayor shall give the right of first offer to purchase, lease, or otherwise use an excess school facility to an eligible entity.

(ii) In selecting an eligible entity for the purchase, lease, or use of an excess school facility, the Mayor shall give:

(I) First preference to an existing tenant that is a public charter school that has occupied all, or substantially all, of the facility or property;

(II) Second preference to a public charter school that the Public Charter School Board has determined to be high-performing and financially sound; and

(III) Third preference to any other eligible entity.

(B) Repealed.

(B-i)Existing tenants. -- For the purposes of this paragraph, an existing tenant of an excess school facility, other than an eligible entity, shall be deemed to be an eligible entity and given the same preference as an eligible entity under subparagraph (A)(ii)(II) of this paragraph if:

(i) The existing tenant is a nonprofit elementary or secondary school incorporated in the District or a community-based, nonprofit arts education organization incorporated in the District, whose programming includes youth classes; and

(ii) The existing tenant has continuously occupied all or substantially all of the excess school facility or property since December 30, 2008.

(C)Terms of purchase or lease. — The terms of purchase or lease of an excess school facility shall:

(i) Be negotiated by the Mayor in accordance with terms and conditions set forth in regulations;

(ii) Include rent or an acquisition price, whichever is applicable, that is equal to the appraised value of the excess school facility based on use of the property for school purposes; provided, that the Mayor may provide credits against the rental price, including a credit based on capital improvements made to the facility by the lessee, based upon a schedule of credits as set forth in regulations; and

(iii) Include a lease period, if the excess school facility is to be leased, of not less than 25 years, and renewable for additional 25-year periods; provided, that a lease involving a co-location agreement may include a lease or renewal period of less than 25 years.

(D)Disposition of an excess school facility. —

(i) Within 6 months of a school facility being designated as excess pursuant to § 38-2803(e), the Mayor shall make the facility available pursuant to this paragraph.

(ii) The Mayor may, at any time, determine any other school facility to be excess and make it available pursuant to this paragraph.

(iii) The Mayor may offer an excess school facility to an entity other than an eligible entity only if the following conditions have been met:

(I) The Mayor provided eligible entities with a right of first offer for the excess school facility pursuant to subparagraph (A) of this paragraph and no eligible entity was selected; and

(II) The Mayor provided eligible entities an opportunity to submit unsolicited proposals for the purchase or lease of the excess school facility.

(iv) The submission period for unsolicited proposals shall begin 30 days after the submission deadline in the right of first offer made pursuant to subparagraph (A) of this paragraph for the particular excess school facility and shall remain open for 12 months or until an eligible entity is selected, whichever occurs first. For purposes of reviewing the unsolicited proposals, the Mayor shall use the same evaluation criteria as set forth in the original right of first offer made pursuant to subparagraph (A) of this paragraph for the particular excess school facility.

(v) Nothing in this section shall prohibit the Mayor from utilizing an excess school facility for another government use while the property is being offered to eligible entities as required by this chapter: provided, that the use does not interfere with the right of first offer as set forth in this section.

(E)Reclamation of an excess school facility. —

(i) The Chancellor may, at any time, make a request to the Mayor based on the need for additional space as a result of projected enrollment increases to reclaim an excess school facility that has not yet been transferred pursuant to this subsection.

(ii) The Mayor shall approve the Chancellor’s request only if the Chancellor has explained with particularity to the Mayor’s satisfaction the need for DCPS to reclaim the excess school facility. The request and the approval, or disapproval, shall be in writing and made publicly available on the Mayor’s website.

(F)Applicability of existing rules and regulations. — The rules and regulations in place on June 21, 2014, shall continue to apply to an eligible applicant that has applied to purchase, lease, transfer, or use a school facility before June 21, 2014.

(2) Repealed.

(3)Conversion public charter schools. — Any District of Columbia public school that was approved to become a conversion public charter school under § 38-1802.01 before October 18, 2004, or is approved to become a conversion public charter school after October 18, 2004, shall have the right to exclusively occupy the facilities the school occupied as a District of Columbia public school under a lease for a period of not less than 25 years, renewable for additional 25-year periods as long as the school maintains its charter at the appraised value of the property based on use of the property for school purposes.

Prior Codifications

Section References

Effect of Amendments

D.C. Law 15-39, in subsec. (b), inserted “first” before “preference” and inserted “, transfer, or use” after “lease ” in subpar. (1)(A), and inserted “first” before “preference” in subpar. (2)(A).

Pub. L. 108-335, as amended by Pub. L. 108-447, in par. (1) of subsec. (b), rewrote subpars. (A) and (B)(iii), and added subpar. (C); in par. (2)(A) of subsec. (b), substituted “a right to first offer” for “preference”; and added par. (3) to subsec. (b).

Pub. L. 108-447 amended Pub. L. 108-335. See Effective Date notes.

D.C. Law 17-183 rewrote subsec. (b)(1)(A), which had read as follows: “(A) In general.—Notwithstanding any other provision of law, regulation, or order relating to the disposition of a facility or property described in subparagraph (B) of this paragraph, the Mayor and the District of Columbia government shall give a right of first offer with respect to any facility or property described in subparagraph (B) of this paragraph not previously purchased, leased, or transferred, or under contract to be purchased, leased, or transferred, or the subject of a previously proposed resolution submitted by the Mayor on or before December 1, 2004, to the Council of the District of Columbia seeking authority for disposition of such facility or property, or under an Exclusive Rights Agreement executed on or before December 1, 2004, to an eligible applicant whose petition to establish a public charter school has been conditionally approved under § 38-1802.03(d)(2), or a Board of Trustees, with respect to the purchase, lease, transfer, or use of a facility or property described in subparagraph (B) of this paragraph.”

D.C. Law 18-223, in subsec. (a), substituted “Office of Public Education Facilities Modernization” for “Superintendent”; in the lead-in language of subsec. (b)(1), substituted “Former public school property” for “current and former public school property”; in subsec. (b)(1)(B)(ii), substituted “former Board of Education or the Mayor or the Chancellor of the District of Columbia Public Schools” for “Board of Education”; in subsec. (b)(1)(C)(iii), substituted “its charter; provided, that leases involving co-location agreements may include a lease period of less than 25 years” for “its charter”; and repealed subsec. (b)(2).

The 2014 amendment by D.C. Law 20-114 rewrote (b)(1)(A) and (b)(1)(C); and added (b)(1)(D), (b)(1)(E), and (b)(1)(F).

Cross References

Disposition of certain school property, preference for public charter school, see § 47-392.25.

Temporary Legislation

Section 3 of D.C. Laws 13-143 added subsec. (c) to read as follows:

“(c) Notwithstanding subsections (a) and (b) of this section, there shall be a moratorium on the conversion of any District of Columbia public school into a public charter school.”.

Section 6(b) of D.C. Laws 13-143 provided: “This act shall expire after 225 days of its having taken effect or upon the effective date of the Moratorium on Conversion of Existing District of Columbia Public Schools into Charter Schools Amendment Act of 2000, or upon the date that final action is taken on Bill 13-582, the ‘District of Columbia School Reform Amendment Act of 1999’ and Bill 13-583, the ‘District of Columbia Public Charter School Conversion Petition Process Amendment Act of 2000’, or on amendments in the nature of a substitute to these two bills, whichever occurs first.”

Section 2 of D.C. Law 17-19, in subsec. (b)(1)(A), designated the existing text as subsec. (b)(1)(A)(i) and substituted “this paragraph; provided, that the right of first offer shall be offered to an existing tenant that is:

“(I)(aa) A public charter school that has occupied all, or substantially all, of the facility or property; or

“(bb) An organization providing educational or youth services under contract with the District government that has been a tenant of the facility or property, and has occupied all, or substantially all, of the facility or property since on or before December 1, 2004; and

“(II) In good standing on its existing lease agreement.” for “this paragraph.”, and added subsec. (b)(1)(A)(ii) to read as follows:

“(ii) Nothing in sub-subparagraph (i) of this subparagraph shall be construed to deem a facility or property to be surplus or to authorize the Mayor to dispose of a facility or property.”.

Section 4(b) of D.C. Law 17-19 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title of subtitle D of title III of Law 15-39: Section 331 of D.C. Law 15-39 provided that subtitle D of title III of the act may be cited as the Public Charter School Facilities Preference Amendment Act of 2003.

Short title: Section 4130 of D.C. Law 18-111 provided that subtitle N of title IV of the act may be cited as the “District of Columbia School Reform Education Facility Act of 2009”.

Short title: Section 4071 of D.C. Law 18-223 provided that subtitle H of title IV of the act may be cited as the “Public Charter School Access to District of Columbia Public School Buildings Clarification Amendment Act of 2010”.

Effective Dates

Section 103(b) of Div. J, title I, of Pub. L. 108-447, provided: “The amendments made by this section shall take effect as if included in the enactment of the District of Columbia Appropriations Act, 2005 [Pub. L. 108-335]”.

Editor's Notes

“(a) Pursuant to section 2209(b)(1)(A)(i)(I)(bb) of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321; D.C. Official Code § 38-1802.09(b)(1)(A)(i)(I)(bb)), Associates for Renewal of Education, Inc., as an organization providing youth and educational services and a tenant of Slater School since prior to December 2004, shall:

“(1) Be offered the right of first offer on a disposition of Slater School;

“(2) Be permitted to remain and continue to operate in Slater School under existing terms and conditions throughout the leasing preference procedure; and

“(3) Be permitted to make any functional improvements and general repairs as necessary.

“(b) The Office of Property Management shall finalize a lease with Associates for Renewal of Education, Inc., within 90 days of the effective date of the District of Columbia School Reform Education Facility Emergency Act of 2009, passed on emergency basis on September 22, 2009 (Enrolled version of Bill 18-443) [October 15, 2009].”

Mayor's Orders

Procedures for Disposition of Surplus Properties and Facilities Formerly Under the Jurisdiction of the D.C. Public Schools, see Mayor’s Order 2000-150, October 5, 2000 ( 47 DCR 8266).

Delegation of Authority

Delegation of the Mayor’s Surplus Property Disposition Authority to the Director of the Office of Property Management to Dispose of Specified Properties on Behalf of the District of Columbia, see Mayor’s Order 2000-173, November 8, 2000 ( 47 DCR 9540).

Delegation of Authority Regarding the Purchase, Lease, Transfer, or Use of Former and Current School Property, see Mayor’s Order 2008-162, December 4, 2008 ( 56 DCR 330).

§ 38–1802.10. Application of law.

(a)Elementary and Secondary Education Act of 1965. —

(1)Treatment as local educational agency. —

(A)In general. — For any fiscal year, a public charter school shall be considered to be a local educational agency for purposes of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), and shall be eligible for assistance under such part, if the fraction the numerator of which is the number of low-income students enrolled in the public charter school during the fiscal year preceding the fiscal year for which the determination is made and the denominator of which is the total number of students enrolled in such public charter school for such preceding year, is equal to or greater than the lowest fraction determined for any District of Columbia public school receiving assistance under such part A where the numerator is the number of low-income students enrolled in such public school for such preceding year and the denominator is the total number of students enrolled in such public school for such preceding year.

(B)Definition. — For the purposes of this subsection, the term “low-income student” means a student from a low-income family determined according to the measure adopted by the District of Columbia to carry out the provisions of part A of title I of the Elementary and Secondary Education Act of 1965 that is consistent with the measures described in § 1113(a)(5) of such Act (20 U.S.C. 6313(a)(5)) for the fiscal year for which the determination is made.

(2)Allocation for fiscal years 1996 through 1998. —

(A)Public charter schools. — For fiscal years 1996 through 1998, each public charter school that is eligible to receive assistance under part A of title I of the Elementary and Secondary Education Act of 1965 shall receive a portion of the District of Columbia’s total allocation under such part which bears the same ratio to such total allocation as the number described in subparagraph (C) of this paragraph bears to the number described in subparagraph (D) of this paragraph.

(B)District of Columbia public schools. — For fiscal years 1996 through 1998, the District of Columbia public schools shall receive a portion of the District of Columbia’s total allocation under part A of title I of the Elementary and Secondary Education Act of 1965 which bears the same ratio to such total allocation as the total of the numbers described in subsubparagraphs (ii) and (iii) of subparagraph (D) bears to the aggregate total described in subparagraph (D) of this paragraph.

(C)Number of eligible students enrolled in the public charter school. — The number described in this subparagraph is the number of low-income students enrolled in the public charter school during the fiscal year preceding the fiscal year for which the determination is made.

(D)Aggregate number of eligible students. — The number described in this subparagraph is the aggregate total of the following numbers:

(i) The number of low-income students who, during the fiscal year preceding the fiscal year for which the determination is made, were enrolled in a public charter school.

(ii) The number of low-income students who, during the fiscal year preceding the fiscal year for which the determination is made, were enrolled in a District of Columbia public school selected to provide services under part A of title I of the Elementary and Secondary Education Act of 1965; and

(iii) The number of low-income students who, during the fiscal year preceding the fiscal year for which the determination is made:

(I) Were enrolled in a private or independent school; and

(II) Resided in an attendance area of a District of Columbia public school selected to provide services under part A of title I of the Elementary and Secondary Education Act of 1965.

(3)Allocation for fiscal year 1999 and thereafter. —

(A)Calculation by Secretary. — Notwithstanding §§ 1124(a)(2), 1124A(a)(4), and 1125(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. §§ 6333(a)(2), 6334(a)(4), and 6335(d)), for fiscal year 1999 and each fiscal year thereafter, the total allocation under part A of title I of such Act for all local educational agencies in the District of Columbia, including public charter schools that are eligible to receive assistance under such part, shall be calculated by the Secretary of Education. In making such calculation, such Secretary shall treat all such local educational agencies as if such agencies were a single local educational agency for the District of Columbia.

(B)Allocation. —

(i)Public charter schools. — For fiscal year 1999 and each fiscal year thereafter, each public charter school that is eligible to receive assistance under part A of title I of the Elementary and Secondary Education Act of 1965 shall receive a portion of the total allocation calculated under subparagraph (A) of this paragraph which bears the same ratio to such total allocation as the number described in paragraph (2)(C) of this subsection bears to the aggregate total described in paragraph (2)(D) of this subsection.

(ii)District of Columbia public school. — For fiscal year 1999 and each fiscal year thereafter, the District of Columbia public schools shall receive a portion of the total allocation calculated under subparagraph (A) of this paragraph which bears the same ratio to such total allocation as the total of the numbers described in subsubparagraphs (ii) and (iii) of paragraph (2)(D) of this subsection bears to the aggregate total described in paragraph (2)(D) of this subsection.

(4)Use of ESEA funds. — The Board of Education may not direct a public charter school in the school’s use of funds under part A of title I of the Elementary and Secondary Education Act of 1965.

(5)ESEA requirements. — Except as provided in paragraph (6) of this subsection, a public charter school receiving funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) shall comply with all requirements applicable to schools receiving such funds.

(6)Inapplicability of certain ESEA provisions. — The following provisions of the Elementary and Secondary Education Act of 1965 shall not apply to a public charter school:

(b)Property and sales taxes. — A public charter school shall be exempt from District of Columbia property and sales taxes.

(c)Education of children with disabilities. — By August 1, 2017, each public charter school shall be its own local educational agency for the purpose of Part B of IDEA and section 504 of the Rehabilitation Act (29 U.S.C. § 794); provided, that the Public Charter School Board may, in its discretion, waive application of this subsection to allow a currently existing public charter school with more than 90% of its students entitled to receive services pursuant to an individualized educational program to continue to be a District of Columbia public school for the purposes of Part B of IDEA and section 504 of the Rehabilitation Act (29 U.S.C. § 794).

(c-1)[Education of children with disabilities in charter schools]. — No newly approved public charter school shall elect to be treated as a District of Columbia public school for the purpose of Part B of IDEA and section 504 of the Rehabilitation Act of 1973(29 U.S.C. § 794).

(d)Waiver of application of duplicate and conflicting provisions. — Notwithstanding any other provision of law, and except as otherwise provided in this chapter, no provision of any law regarding the establishment, administration, or operation of public charter schools in the District of Columbia shall apply with respect to a public charter school or an eligible chartering authority to the extent that the provision duplicates or is inconsistent with any provision of this chapter.

(e)Participation in GSA programs. —

(1)In general. — Notwithstanding any provision of this chapter or any other provision of law, a public charter school may acquire goods and services through the General Services Administration and may participate in programs of the Administration in the same manner and to the same extent as any entity of the District of Columbia government.

(2)Participation by certain organizations. — A public charter school may delegate to a nonprofit, tax-exempt organization in the District of Columbia the public charter school’s authority under paragraph (1) of this subsection.

Prior Codifications

1981 Ed., § 31-2853.20.

Effect of Amendments

Section 120 (b)(1) of Public Law 106-522 added subsec. (d) providing for waiver of application of duplicate and conflicting provisions. Section 120 (e) of Public Law 106-522 added subsec. (e) pertaining to participation in GSA programs.

(2)Production of books and records. — An eligible chartering authority may require a public charter school to which the eligible chartering authority has granted a charter to produce any book, record, paper, or document, if the eligible chartering authority determines that such production is necessary for the eligible chartering authority to carry out its functions under this subchapter.

(b)Fees. —

(1)Application fee. — An eligible chartering authority may charge an eligible applicant a fee, not to exceed $150, for processing a petition to establish a public charter school.

(2)Administration fee. — In the case of an eligible chartering authority that has granted a charter to a public charter school, the eligible chartering authority may charge the school a fee, not to exceed 1% of the annual budget of the school, to cover the cost of undertaking the ongoing administrative responsibilities of the eligible chartering authority with respect to the school that are described in this subchapter. The school shall pay the fee to the eligible chartering authority not later than November 15 of each year.

(c)Immunity from civil liability. —

(1)In general. — An eligible chartering authority, the Board of Trustees of such an eligible chartering authority, and a director, officer, employee, or volunteer of such an eligible chartering authority, shall be immune from civil liability, both personally and professionally, for any act or omission within the scope of their official duties unless the act or omission:

(A) Constitutes gross negligence;

(B) Constitutes an intentional tort; or

(C) Is criminal in nature.

(2)Common law immunity preserved. — Paragraph (1) of this subsection shall not be construed to abrogate any immunity under common law of a person described in such paragraph.

(d)Annual report. — On or before July 30 of each year, each eligible chartering authority that issues a charter under this subchapter shall submit a report to the Mayor, the District of Columbia Council, the Board of Education, the Secretary of Education, the appropriate congressional committees, and the Consensus Commission that includes the following information:

(1) A list of the members of the eligible chartering authority and the addresses of such members;

(2) A list of the dates and places of each meeting of the eligible chartering authority during the year preceding the report;

(3) The number of petitions received by the eligible chartering authority for the conversion of a District of Columbia public school or a private or independent school to a public charter school, and for the creation of a new school as a public charter school;

(4) The number of petitions described in paragraph (3) of this subsection that were approved and the number that were denied, as well as a summary of the reasons for which such petitions were denied;

(5) A description of any new charters issued by the eligible chartering authority during the year preceding the report;

(6) A description of any charters renewed by the eligible chartering authority during the year preceding the report;

(7) A description of any charters revoked by the eligible chartering authority during the year preceding the report;

(8) A description of any charters refused renewal by the eligible chartering authority during the year preceding the report;

(9) Any recommendations the eligible chartering authority has concerning ways to improve the administration of public charter schools;

(10) Details of major Board actions;

(11) Major findings from school reviews of academic, financial, and compliance with health and safety standards and resulting Board action or recommendations;

Editor's Notes

Section 4143 of D.C. Law 21-160 provided for Public Charter School Board reporting requirements.

§ 38–1802.12. Charter renewal.

(a)Terms. —

(1)Initial term. — A charter granted to a public charter school shall remain in force for a 15-year period.

(2)Renewals. — A charter may be renewed for an unlimited number of times, each time for a 15-year period.

(3)Review. — An eligible chartering authority that grants or renews a charter pursuant to paragraph (1) or (2) of this subsection shall review the charter at least once every 5 years to determine whether the charter should be revoked for the reasons described in § 38-1802.13(a) or (b), in accordance with the procedures for revocation established under § 38-1802.13.

(b)Application for charter renewal. — In the case of a public charter school that desires to renew its charter, the Board of Trustees of the school shall file an application to renew the charter with the eligible chartering authority that granted the charter not later than 120 days nor earlier than 365 days before the expiration of the charter. The application shall contain the following:

(1) A report on the progress of the public charter school in achieving the goals, student academic achievement expectations, and other terms of the approved charter;

(2) All audited financial statements for the public charter school for the preceding 4 years; and

(3) The articles of incorporation and bylaws of the nonprofit corporation operating the charter school, which shall contain provisions satisfying the requirements of § 38-1802.13a.

(c)Approval of charter renewal application. — The eligible chartering authority that granted a charter shall approve an application to renew the charter that is filed in accordance with subsection (b) of this section, except that the eligible chartering authority shall not approve such application if the eligible chartering authority determines that:

(1) The school committed a material violation of applicable laws or a material violation of the conditions, terms, standards, or procedures set forth in its charter, including violations relating to the education of children with disabilities; or

(2) The school failed to meet the goals and student academic achievement expectations set forth in its charter.

(d)Procedures for consideration of charter renewal. —

(1)Notice of right to hearing. — An eligible chartering authority that has received an application to renew a charter that is filed by a Board of Trustees in accordance with subsection (b) of this section shall provide to the Board of Trustees written notice of the right to an informal hearing on the application. The eligible chartering authority shall provide the notice not later than 15 days after the date on which the eligible chartering authority received the application.

(2)Request for hearing. — Not later than 15 days after the date on which a Board of Trustees receives a notice under paragraph (1) of this subsection, the Board of Trustees may request, in writing, an informal hearing on the application before the eligible chartering authority.

(3)Date and time of hearing. —

(A)Notice. — Upon receiving a timely written request for a hearing under paragraph (2) of this subsection, an eligible chartering authority shall set a date and time for the hearing and shall provide reasonable notice of the date and time, as well as the procedures to be followed at the hearing, to the Board of Trustees.

(B)Deadline. — An informal hearing under this subsection shall take place not later than 30 days after an eligible chartering authority receives a timely written request for the hearing under paragraph (2) of this subsection.

(4)Final decision. —

(A)Deadline. — An eligible chartering authority shall render a final decision, in writing, on an application to renew a charter:

(i) Not later than 30 days after the date on which the eligible chartering authority provided the written notice of the right to a hearing, in the case of an application with respect to which such a hearing is not held; and

(ii) Not later than 30 days after the date on which the hearing is concluded, in the case of an application with respect to which a hearing is held.

(B)Reasons for nonrenewal. — An eligible chartering authority that denies an application to renew a charter shall state in its decision the reasons for denial.

(5)Alternatives upon nonrenewal. — If an eligible chartering authority denies an application to renew a charter granted to a public charter school, the Board of Education may:

(A) Manage the school directly until alternative arrangements can be made for students at the school; or

(B) Place the school in a probationary status that requires the school to take remedial actions, to be determined by the Board of Education, that directly relate to the grounds for the denial.

(6)Judicial review. — A decision by an eligible chartering authority to deny an application to renew a charter shall be subject to judicial review by an appropriate court of the District of Columbia.

Editor's Notes

§ 38–1802.13. Charter revocation.

(a)Charter or law violations; failure to meet goals. — Using the record established by the eligible chartering authority, an eligible chartering authority that has granted a charter to a public charter school may revoke the charter if the eligible chartering authority determines that the school:

(1) Committed a violation of applicable law or a material violation of the conditions, terms, standards, or procedures set forth in the charter, including violations relating to the education of children with disabilities; or

(2) Has failed to meet the goals and student academic achievement expectations set forth in the charter.

(b)Fiscal mismanagement. — An eligible chartering authority that has granted a charter to a public charter school shall revoke the charter if the eligible chartering authority determines that the school:

(1) Has engaged in a pattern of nonadherence to generally accepted accounting principles;

(2) Has engaged in a pattern of fiscal mismanagement; or

(3) Is no longer economically viable.

(c)Procedures for consideration of revocation. —

(1)Notice of right to hearing. — An eligible chartering authority that is proposing to revoke a charter granted to a public charter school shall provide to the Board of Trustees of the school a written notice stating the reasons for the proposed revocation. The notice shall inform the Board of Trustees of the right of the Board of Trustees to an informal hearing on the proposed revocation.

(2)Request for hearing. — Not later than 15 days after the date on which a Board of Trustees receives a notice under paragraph (1) of this subsection, the Board of Trustees may request, in writing, an informal hearing on the proposed revocation before the eligible chartering authority.

(3)Date and time of hearing. —

(A)Notice. — Upon receiving a timely written request for a hearing under paragraph (2) of this subsection, an eligible chartering authority shall set a date and time for the hearing and shall provide reasonable notice of the date and time, as well as the procedures to be followed at the hearing, to the Board of Trustees.

(B)Deadline. — An informal hearing under this subsection shall take place not later than 30 days after an eligible chartering authority receives a timely written request for the hearing under paragraph (2) of this subsection.

(4)Final decision. —

(A)Deadline. — An eligible chartering authority shall render a final decision, in writing, on the revocation of a charter:

(i) Not later than 30 days after the date on which the eligible chartering authority provided the written notice of the right to a hearing, in the case of a proposed revocation with respect to which such a hearing is not held; and

(ii) Not later than 30 days after the date on which the hearing is concluded, in the case of a proposed revocation with respect to which a hearing is held.

(B)Reasons for revocation. — An eligible chartering authority that revokes a charter shall state in its decision the reasons for the revocation.

(5)Alternatives upon revocation. — If an eligible chartering authority revokes a charter granted to a public charter school, the eligible chartering authority may manage the school directly until alternative arrangements can be made for students at the school.

(6)Judicial review. —

(A)Availability of review. — A decision by an eligible chartering authority to revoke a charter shall be subject to judicial review by an appropriate court of the District of Columbia.

(B)Standard of review. — A decision by an eligible chartering authority to revoke a charter shall be upheld unless the decision is arbitrary and capricious or clearly erroneous.

§ 38–1802.13a. Mandatory dissolution.

(a) A nonprofit corporation operating a charter school shall dissolve if the charter for the school:

(1) Has been revoked by the authorizing entity;

(2) Has not been renewed by the authorizing entity; or

(3) Has been voluntarily relinquished by the charter school.

(b) The distribution of assets upon dissolution required by subsection (a) of this section shall be in accordance this section.

(c)(1) Except as provided in paragraph (2) of this subsection, the articles of incorporation or the bylaws of a nonprofit corporation operating the charter school shall provide that:

(A) The corporation shall dissolve if the charter for the charter school has been revoked, has not been renewed, or has been voluntarily relinquished; and

(B) The corporation's assets shall be distributed pursuant to a plan of distribution that is in accordance with subsection (d) of this section.

(2) A nonprofit corporation with an existing charter as of March 14, 2007, shall not be required to amend its articles of incorporation or bylaws to comply with the requirements of this section until the time of its charter renewal under § 38-1802.12.

(3) Nothing in this subsection shall be construed as exempting the corporation from any other requirements of this section.

(d)(1) Following completion of the closeout audit described in paragraph (3) of this subsection, the chartering authority, in consultation with the Board of Trustees, shall develop and execute a plan for:

(A) Liquidating the corporation’s unencumbered assets in a timely fashion and in a manner that will achieve maximum value;

(B) Discharging the corporation’s debts; and

(C) Distributing the corporation's remaining assets in accordance with this section.

(2) The plan shall:

(A) Provide either that:

(i) All tangible personal property purchased with District funds, including funds received pursuant to subchapter I of Chapter 29 of this title, and any assets remaining after satisfaction of the corporation's debts and the use of assets authorized in subsection (f) of this section shall be transferred or conveyed to the District of Columbia, to be controlled by and subject to the disposition instructions of the Office of the State Superintendent of Education and used solely for educational or similar purposes; or

(ii) The assets described in sub-subparagraph (i) of this subparagraph, including cash, shall be transferred to another charter school in a transaction overseen by the chartering authority if the acquiring school agrees to enroll the closing school's students at the start of the following school year; and

(B) Notwithstanding subparagraph (A) of this paragraph, be in accordance with the terms of existing creditor agreements, grant agreements, and applicable laws, and creditors shall retain all rights, powers, and remedies available to them to cure default as defined in their agreements with the charter school.

(3) As soon as feasible upon notice of an event described in subsection (a) of this section, the Board of Trustees shall complete and submit to the authorizing entity a closeout audit, which shall include:

(A) An account of the present value of the charter school’s liabilities held by all of its creditors, including:

(i) Banking institutions;

(ii) Vendors; and

(iii) State pension and health benefits agencies; and

(B) An account of the present value of the charter school’s assets, including:

(i) Books;

(ii) Supplies;

(iii) Motor vehicles;

(iv) Furnishing;

(v) Equipment; and

(vi) Facilities.

(4) Nothing in this subsection shall be construed as making the chartering authority, the District of Columbia, or a charter school that acquires a corporation's assets pursuant to this section liable for debts incurred by the corporation.

(e) The chartering authority, in consultation with the Board of Trustees, shall arrange for the transfer and storage of necessary student records in the possession of the charter school.

(f) The chartering authority may utilize assets of the charter school to provide for:

(1) The transfer and storage of student records pursuant to subsection (e) of this section; and

(2) Any other actual expenses incurred by the authorizing entity as a result of the dissolution of the nonprofit organization operating the charter school.

§ 38–1802.14. Public Charter School Board.

(a)Establishment. —

(1)In general. — There is established within the District of Columbia Government a Public Charter School Board (in this section referred to as the “Board”).

(2)Membership. — The Board shall consist of 7 members, appointed by the Mayor, with the advice and consent of the Council. Members shall be selected so that knowledge of each of the following areas is represented on the Board:

(A) Research about and experience in student learning, quality teaching, and evaluation of and accountability in successful schools;

(B) The operation of a financially sound enterprise, including leadership and management techniques, as well as the budgeting and accounting skills critical to the startup of a successful enterprise;

(C) The educational, social, and economic development needs of the District of Columbia; and

(D) The needs and interests of students and parents in the District of Columbia, as well as methods of involving parents and other members of the community in individual schools.

(3)Vacancies. — Where a vacancy occurs in the membership of the Board for reasons other than the expiration of the term of a member, the Mayor shall appoint, with the advice and consent of the Council, an individual to serve in the vacant position, taking into consideration the criteria described in paragraph (2) of this subsection. Any member appointed to fill a vacancy occurring prior to the expiration of the term of a predecessor shall be appointed only for the remainder of the term.

(4) Repealed.

(5)Terms of members. —

(A)In general. — Members of the Board shall serve for terms of 4 years, except that, of the initial appointments made under paragraph (2) of this subsection, the Mayor shall designate:

(i) Two members to serve terms of 3 years;

(ii) Two members to serve terms of 2 years; and

(iii) One member to serve a term of one year.

(B)Reappointment. — Members of the Board shall be eligible to be reappointed for one 4-year term beyond their initial term of appointment.

(6)Independence. — No person employed by the District of Columbia public schools or a public charter school shall be eligible to be a member of the Board or to be employed by the Board.

(b)Operations of the Board. —

(1)Chair. — The members of the Board shall elect from among their membership 1 individual to serve as Chair. Such election shall be held each year after members of the Board have been appointed to fill any vacancies caused by the regular expiration of previous members’ terms, or when requested by a majority vote of the members of the Board.

(2)Quorum. — A majority of the members of the Board, not including any positions that may be vacant, shall constitute a quorum sufficient for conducting the business of the Board.

(3)Meetings. — The Board shall meet at the call of the Chair, subject to the hearing requirements of §§ 38-1802.03, 38-1802.12(d)(3), and 38-1802.13(c)(3), and all meetings of the Board shall be open to the public and shall provide a reasonable time during the meeting for public comment.

(c)No compensation for service. — Members of the Board shall serve without pay, but may receive reimbursement for any reasonable and necessary expenses incurred by reason of service on the Board.

(d)Personnel and resources. —

(1)In general. — Subject to such rules as may be made by the Board, the Chair shall have the power to appoint, terminate, and fix the pay of an Executive Director and such other personnel of the Board as the Chair considers necessary. The Executive Director shall be a District resident throughout his or her term and failure to maintain District residency shall result in a forfeiture of the position.

(2)Special rule. — The Board is authorized to use the services, personnel, and facilities of the District of Columbia.

(3)District residency. — Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualified District resident applicant shall receive an additional 10-point preference over a qualified non-District resident applicant for all positions within the Board unless the applicant declines the preference. This 10-point preference shall be in addition to, and not instead of, qualifications established for the position. All persons hired after February 6, 2008, shall submit proof of residency upon employment in a manner determined by the Board. An applicant claiming the hiring preference under this section shall agree in writing to maintain bona fide District residency for a period of 7 consecutive years from the effective date of hire and shall provide proof of such residency annually to the Director of Personnel for the first 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. The Board shall submit to the Mayor and Council annual reports detailing the names of all new employees and their pay schedules, titles, and place of residence.

(e)Expenses of Board. — Any expenses of the Board shall be paid from such funds as may be available to the Mayor; provided, That within 45 days of April 26, 1996, the Mayor shall make available not less than $130,000 to the Board.

(f)Audit. — The Board shall maintain its accounts according to Generally Accepted Accounting Principles. The Board shall provide for an audit of the financial statements of the Board by an independent certified public accountant in accordance with Government auditing standards for financial audits issued by the Comptroller General. The findings and recommendations of any such audit shall be forwarded to the Mayor, the Council of the District of Columbia, and the Office of the Chief Financial Officer of the District of Columbia.

(g)Authorization of appropriations. — For the purpose of carrying out the provisions of this section and conducting the Board’s functions required by this subchapter, there are authorized to be appropriated to the Board $300,000 for fiscal year 1997 and such sums as may be necessary for each of the 3 succeeding fiscal years.

(g-1)Fund.

(1)Establishment. — There is established as a special fund the District of Columbia Public Charter School Board Fund (“Fund”), which shall be administered by the Board in accordance with paragraph (3) of this subsection.

(B) Appropriations as authorized by subsection (g) of this section; and

(C) Any other revenues, including grants or gifts, dedicated to the Fund.

(3)Authorized uses. — The Fund shall be used to pay for goods, services, property, capital improvements, or any other permitted use as authorized by this section or § 38-1802.11.

(4)Nonlapsing, no-year appropriation. —

(A) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(B) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(h)Contracting and procurement. — The Board shall have the authority to solicit, award, and execute contracts independently of the Office of Contracting and Procurement and the Chief Procurement Officer.

(j) The Board shall consult with the Office of the State Superintendent of Education, established by § 38-2601, to ensure that the requirements and the goals of Chapter 2A of this title [§ 38-271.01 et seq.] are met, in accordance with that chapter.

Prior Codifications

Section References

Effect of Amendments

Pub. L. 108-335, as amended by Pub. L. 108-447, rewrote subsec. (f), and added subsec. (h). Prior to amendment, subsec. (f) had read as follows: “(f) Audit.—The Board shall provide for an audit of the financial statements of the Board by an independent certified public accountant in accordance with Government auditing standards for financial audits issued by the Comptroller General of the United States.”

Pub. L. 108-447 amended Pub. L. 108-335. See Effective Dates note.

D.C. Law 17-9, in subsec. (b)(3), inserted “, and all meetings of the Board shall be open to the public and shall provide a reasonable time during the meeting for public comment”; and added subsec. (i).

D.C. Law 17-108, in subsec. (d)(1), inserted “The Executive Director shall be a District resident throughout his or her term and failure to maintain District residency shall result in a forfeiture of the position.”; and, in subsec. (d)(2), inserted “Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualified District resident applicant shall receive an additional 10-point preference over a qualified non-District resident applicant for all positions within the Board unless the applicant declines the preference. This 10-point preference shall be in addition to, and not instead of, qualifications established for the position. All persons hired after December 21, 2007, shall submit proof of residency upon employment in a manner determined by the Board. An applicant claiming the hiring preference under this section shall agree in writing to maintain bona fide District residency for a period of 7 consecutive years from the effective date of hire and shall provide proof of such residency annually to the Director of Personnel for the first 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment. The Board shall submit to the Mayor and Council annual reports detailing the names of all new employees and their pay schedules, titles, and place of residence.”

D.C. Law 17-353 designated the former last six sentences of subsec. (d)(2) as subsec. (d)(3).

D.C. Law 18-223 rewrote the lead-in language of subsec. (a)(2); rewrote subsec. (a)(3); repealed subsec. (a)(4); and, in subsec. (d)(1), deleted “, but no individual so appointed shall be paid in excess of the rate payable for level EG-16 of the Educational Service of the District of Columbia” following “necessary”.

For temporary (90 day) amendment of § 4052 of Act 19-383, see § 2 of the District of Columbia School Reform Extension of Time Emergency Amendment Act of 2012 (D.C. Act 19-410, July 24, 2012, 59 DCR 9137).

For temporary (90 day) amendment of § 4052 of Act 19-385, see § 3 of the District of Columbia School Reform Extension of Time Emergency Amendment Act of 2012 (D.C. Act 19-410, July 24, 2012, 59 DCR 9137).

For temporary (90 days) addition of this section, see § 4182 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Short Title

Short title: Section 4081 of D.C. Law 18-223 provided that subtitle I of title IV of the act may be cited as the “Public Charter School Board Membership Selection and Staff Compensation Clarification Amendment Act of 2010”.

Effective Dates

Section 103(b) of Div. J, title I, of Pub. L. 108-447, provided: “The amendments made by this section shall take effect as if included in the enactment of the District of Columbia Appropriations Act, 2005 [Pub. L. 108-335]”.

Editor's Notes

“(d) Hereafter section 2214(f) of Public Law 104-143 ( D.C. Code 38-1802.14(f)), shall apply to the District of Columbia Board of Education Charter Schools Office.”

Applicability: Section 804 of D.C. Law 17-9 provided that section 802 shall apply upon enactment by Congress. Section 804 of Section 804 of D.C. Law 17-9 was repealed by section 4043 (b) of D.C. Law 17-20.

Effect of Amendments

Emergency Legislation

For temporary addition of section, see § 4052 of the Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Temporary Legislation

Section 2 of D.C. Law 19-202 amended Section 2214a(a)(4) of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321; to be codified at D.C. Official Code § 38-1802.14a(a)(4)), by striking the phrase “September 1, 2012,” and inserting the phrase “December 15, 2012,” in its place.

Section 4(b) of D.C. Law 19-202 provided that the act shall expire after 225 days of its having taken effect.

§ 38–1802.15. Federal entities.

(a)In general. — The following federal agencies and federally established entities are encouraged to explore whether it is feasible for the agency or entity to establish one or more public charter schools:

(1) The Library of Congress;

(2) The National Aeronautics and Space Administration;

(3) The Drug Enforcement Administration;

(4) The National Science Foundation;

(5) The Department of Justice;

(6) The Department of Defense;

(7) The Department of Education; and

(8) The Smithsonian Institution, including the National Zoological Park, the National Museum of American History, the John F. Kennedy Center for the Performing Arts, and the National Gallery of Art.

(b)Report. — Not later than 120 days after April 26, 1996, any agency or institution described in subsection (a) of this section that has explored the feasibility of establishing a public charter school shall report its determination on the feasibility to the appropriate congressional committees.